Police Report: SLU Basketball Players Plotted "Pulling a Train" on Victim

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Kwamain Mitchell and Willie Reed - IMAGE VIA
The St. Louis Metropolitan Police Department has closed an investigation into possible sexual assault involving four players from the Saint Louis University basketball team -- declaring the case inactive without recommending that charges be filed against any of the men involved.

Riverfront Times obtained a redacted copy of the full police report via a Sunshine request today. The report is the first time that police have released details about the case, which led to star basketball players Kwamain Mitchell and Willie Reed being suspended from SLU earlier this year.

The document, available below as a .pdf, contains graphic details about the sexual acts that took place during the alleged assault. It also contains the police's summary of testimony from all parties involved, including a police officer's assertion that one of the players admitted that he and his teammates discussed "pulling a train on" their accuser "without her knowledge or consent" -- suggesting that at least some of the players plotted to take turns having sex with the woman while walking home with her from the bar that night.

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The documents, though heavily redacted, mostly corroborate an account of the night's events given by Willie Reed, published last month on Daily RFT.

The narrative begins at 4:15 on the morning of Saturday, May 1. Police detectives arrived at St. Mary's Hospital, where the alleged victim -- whose name is being withheld by Daily RFT -- had been transported by ambulance from the SLU Campus. The ambulance driver said he was parked on the 3400 block of Laclede when he saw a woman walking and crying.

"She was crying and appeared to be distressed," the report says. "Her make-up was smeared and her clothing was in disarray. The victim admitted that she was missing her underwear as she could not find them when she dressed herself."

The woman then told police that she was raped by three men -- all of whom she knew by first and last names -- at the Grand Forest Apartments, a student dorm on the 3400 block of Laclede.

"The victim stated that [name redacted] had sexually assaulted her and that JJ (later identified as Justin Jordan) had attempted to have sex with her," the report says. "The victim added that [redacted] prevented JJ from having sex with her and helped her get dressed and ushered her out of the apartment."

The woman told police that she and a friend had attended an off-campus party around 11 p.m., where she drank "two alcoholic drinks consisting of vodka, Sprite and Gatorade," then headed to the Laclede Street Bar and Grill, drank two vodka-orange juice cocktails and got separated from her friend on the dance floor. When the bar closed at 3 a.m., she stepped out onto the sidewalk and recognized one of the basketball players. According to Reed, that player was Kwamain Mitchell.

"The victim had met [redacted] the previous weekend and had previously exchanged several text messages with him," the report says. "The victim clarified that the texts were not sexual in nature, but just casual conversation."

Two more SLU players and Justin Jordan, whose name is not redacted in the police report, joined the couple along with "two unidentified white females" and started walking home. When they arrived at the Grand Forest Apartments, Mitchell asked the woman if she wanted to come upstairs to Jordan's apartment. She told police that she "did not wish to go home at that time" and agreed to come upstairs.

Once inside, as Reed had previously told Daily RFT, the woman and Mitchell immediately headed to the bedroom.

"The victim admitted that she was attracted to [redacted] and willingly went into the bedroom with him," the report states. "Both lied down on the bed and began to mutually kiss each other. The suspect touched her breasts and rubbed on her vaginal region over the clothing. The victim willingly consented to these acts.

"At some point," the report continues, "[Redacted] started to remove the victim's pants and underwear. The victim objected to this action by telling the suspect that she wanted to 'stop' and that she 'wanted to leave.'"

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The woman told police that Mitchell "stopped his advances" and "began to tell her things like 'you don't have to leave' and 'don't worry.'" Her "concern over what was occurring rose and fell over the course of this brief conversation," but, ultimately, she "felt more secure."

According to the woman, Mitchell then "stood up from the bed and removed his clothes," then slipped back between the sheets and continued to make out with his eventual accuser. She made it clear to police that this was "a mutual act," but what happened next, she claimed, was not.

Mitchell "removed the victim's pants and underwear," and told her that "everything was alright," the woman reported. She "did not physically resist," but told police that "she remembers thinking that she wanted to be anywhere else than in that bedroom...she had verbally expressed that she did not want to go any further than kissing however she now found herself naked in the bed" with him.

Mitchell "produced" a condom, which he "asked the victim to help him put it all the way on." The woman told detectives that "she did not want to have sex...however she felt powerless to stop the act." She said she "wished only for this incident to be over," so she helped Mitchell put on the condom.

They had sex, the report states. "This act continued for several minutes until [Redacted] suddenly got up from the bed. She does not know if he ejaculated."

By all accounts, Mitchell then exited the bedroom. The woman told police she "remained on the bed attempting to comprehend what had just occurred," until another player entered the bedroom. According to Reed, this was his former teammate Jon Smith.

The woman said that the second player "had his penis exposed," and told her that "she needed to get 'it hard." Then, according to the report, he "placed his penis directly in front of the victim's mouth as he simultaneously placed his hands on her head as he told her 'if you want me to have sex with you, you need to get me hard.'"

The woman said she was "in shock" when the player allegedly "inserted his penis into her mouth in act of Deviate Sexual Assault." The woman said she was unwilling and "did not physically resist," but said several times she did not want to have sex. She told police that the second player, like Mitchell, "placed a condom halfway onto his penis," and asked her to finish the job.

By the victim's own account, she assisted the player with the condom.

"The victim did not say anything...as she rolled the condom onto his penis," the report says. She told detectives, "She was having trouble comprehending what was going on. She wanted to be anywhere else at that time. She wanted to call her friends to ask for help but found herself frozen and unable to do anything."

The pair had sex, and Smith left the room. That's when she told police that Jordan and another player, believed to be Reed, stepped inside the bedroom. Jordan, the report says, tried to kiss her and asked for oral sex. The woman "verbally and emphatically told him 'no," and got up from the bed. The woman got dressed but could not find her underwear.

She left the house and was walking home when "the reality of what had just occurred set in," and she began to cry. She spotted the ambulance and asked for help, then phoned a friend who came to comfort her. Police noted that, as she told her story, the woman seemed sober.

While the woman was in the hospital, police returned to the Grand Forest Apartments and picked up the four players. They were held in separate cells at police headquarters in downtown St. Louis.

Each gave slightly different versions of the night's events, according to the police, with one exception -- all four men were emphatic that the sex was consensual.

The first player interviewed by the police appears to be Smith, based on Reed's account and that of other sources. Police initially believed, based on the woman's story, that Smith had been the guy who stopped the party and helped the woman leave -- but they quickly realized that wasn't true, as Smith admitted to being the second player to have sex with her.

Indeed, Smith apparently told police that he saw Mitchell and the woman go in the bedroom. Since the door was left partially ajar, he could see what looked like intercourse.

After that, Smith reported, Mitchell "exited the bedroom and made a comment, something to the effect of, 'she's giving out blow jobs.'" Smith then went into the bedroom. He "admitted to approaching the victim with his flaccid penis exposed and asking her to 'give him a blow job' and 'make it hard' while he placed his fingers in her vagina."

Echoing the woman's account, Smith said he partially put on a condom but he told police that, though he attempted to have sex with her, "he could not achieve an erection and does not know if he actually penetrated her vagina."

Smith said that Reed was in the room while he and the woman "messed around," but Reed "only watched." Jordan, Smith said, was never in the bedroom.

As for Reed, he initially told police that he wouldn't talk until his attorney arrived. After a few minutes, however, he knocked on the wall of his cell and told the detective he "wanted to talk about what had occurred."

Reed denied having any sexual contact with the woman, though he admitted to watching while she and Smith were going at it. Police asked Reed if he was confident enough to submit to a DNA test; Reed insisted that his DNA would not be found anywhere on the victim.

Jordan was the next to testify. Initially, the woman had accused him of taking part in the sexual assault but, based on the accounts of his teammates, police quickly concluded that she had confused Jordan with Smith and vice versa.

Asked later about the discrepancy, the woman correctly identified pictures of all four basketball players. When police told her that Smith admitted to having sex with her -- a direct contradiction of her version of events -- the woman told police that "she still had the vision of [Redacted] having sex with her but added that the room was dark and that both persons were significantly taller than her."

Jordan told police he met the woman at the bar with Mitchell and Reed and she "began conversing with them about having seen them play basketball for the university." They went back to his apartment, where they found Smith and another teammate lounging on the couch. The other teammate, Jordan said, left right away.

At that point, the woman entered Jordan's bedroom with Mitchell, and Jordan "assumed they were in there making out or having sex as the female had been flirting with and affectionately touching [Redacted] during the entire walk toward his apartment."

A shirtless Mitchell emerged ten to fifteen minutes later "with a smile on his face." Jordan stated that Mitchell "smiled at [Redacted]," -- that's the player who Reed has identified as Smith -- "and nodded toward the door instructing him to go inside."

Five minutes later, a "fully dressed" Smith opened the door, Jordan told police, and called for Reed to come inside.

According to Jordan, the threesome remained in the bedroom for about ten minutes "when suddenly the door opened." A fully dressed player -- either Reed or Smith -- exited, while the woman was getting dressed. Once she had her clothes on, she reportedly stepped out of the bedroom and started sending text messages. Jordan told police that "she seemed to be smiling and laughing," and commented on the fact that she couldn't find her panties.

Jordan further stated that "he did not notice any signs of distress" while the woman was in the bedroom and "she did not seem upset" when she left. When he reentered his bedroom, he found a tangle of sheets and two condom wrappers, which he tossed in the trash.

Mitchell, meanwhile, recounted the same version of events with one key detail change: He told police he left the apartment immediately after having sex.

Mitchell told police he only went back to Jordan's apartment because he'd been locked out of his own place. He said he'd exchanged text messages with the woman before and as they walked home she kissed him on the neck. Inside the bedroom, Mitchell said, the woman "voluntarily removed her shirt" and helped him take off his pants. She "willingly" performed oral sex on him, Mitchell said, and helped him put on the condom.

"Once the condom was on he proceeded to have sexual intercourse with the victim for several minutes," the report says. "During that time, she seemed to be enjoying the act and made no mention or actions as if she was not a willing participant."

He said that he ejaculated while the condom was on, then got dressed and told the woman he had to go find a way to get back inside his apartment, noting that "he would come back for her to walk her back to her dormitory."

When police asked him what he did with the used condom, Mitchell said he put it "in his pants pocket and waited until he got to his apartment to flush it down the toilet because Justin [Jordan's] toilet was broken."

Mitchell claimed that he only returned later, saying that Jordan had called to say that the woman had told police she'd been raped because they "clearly needed to discuss the allegations."

Police noticed the conflicting versions of events -- his teammates all said Mitchell stuck around after he left the bedroom -- and grilled the point guard on the inconsistency.

Apparently, at that point, the police write, Mitchell "then admitted that while walking toward the apartment he discussed 'pulling a train' on the victim (taking turns) without her knowledge or consent. He stated once they arrived at Justin [Jordan's] apartment...[he and the woman] engaged in the consensual sex acts he previously described. He stated she never told him to stop or said 'No' before, during or after these acts."

Mitchell then told police he smiled at Smith and "gave him the okay" to enter the bedroom after him. Then, Mitchell said, he and Jordan "took a peek inside the room and observed [Redacted] lying on his back on the bed with the victim kneeling over him performing oral sex."

Mitchell "stated the sex act appeared to be consensual in his opinion," the report notes.

Before police could finish the interrogation, attorney John Rodgers arrived at police headquarters. He said he was representing all of the accused players and put a halt to the questioning.

Reached by phone this morning, Rogers, a SLU law school alum, declined to comment on how he was notified of the players' arrests.

As for the portion of the report in which the police allege that Mitchell admitted to plotting "pulling a train on the victim...without her knowledge or consent," Rogers flatly denied that Mitchell ever said such a thing. "That is not true," Rodgers said. "It's always been our contention that Kwamain was never involved in anything but consensual sexual contact with [the alleged victim.]"

Smith, who is now enrolled at Ohio University and listed on the roster of the basketball team, did not respond to two messages seeking comment. Reached by phone, a spokesman for the school's athletic department declined to comment.

Neither Saint Louis University media relations nor David Korum, the attorney for the alleged victim, returned phone calls seeking comment on the details of the police report.

In addition to the testimony from the players and their accuser, the police report notes that all parties agreed to give saliva samples and cheek swabs for DNA testing. Results of the tests are not included in the report.

What is mentioned, however, is the police's hunt for the woman's missing underwear -- described as a black thong, purchased at Target. While detectives were interviewing the players, they got a tip from SLU's director of security that the underwear could be found in a dumpster on Laclede Street near Chaifetz Arena. The cops arrived and scoured the trash cans but the panties were nowhere to be found.

The next day, police returned to the SLU campus and tried to follow up with the tipster. The tipster, a SLU student who is not identified in the report, was told that "a statement regarding the victim's underwear being in a trash Dumpster had been attributed to him." The student, the report says, responded to all the detectives questions by saying, "I cannot comment on this case."

As we've previously reported, Reed left SLU after the university announced he would suspended for this fall semester. But Mitchell is likely to be back playing for the SLU basketball team in this year's second semester. Jordan transferred to Ball State University last summer and has since been dismissed from that school's team.

UPDATE 11-16-2010: The first eleven pages of the incident report are forms with witness and evidence information and are almost entirely redacted. If you wish to view them, the .pdf is available by clicking here.
SLU Basketball Police Report

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